UNITED STATES DISTRICT COURT District of Rhode Island · 2019-10-17 · Cv 33, LR Cv 34, LR Cv 36,...

UNITED STATES DISTRICT COURT District of Rhode Island

NOTICE OF PROPOSED AMENDMENTS TO LOCAL RULES

Pursuant to 28 U.S.C. § 2071(b), Fed. R. Civ. P. 83(a)(1), and Fed. R. Crim. P. 57(a)(1),

the United States District Court for the District of Rhode Island hereby gives notice that proposed amendments to the Court’s Local Rules are being considered for adoption.

The Court invites public comment on the following proposed amendments to the Local Rules: General Rules: LR Gen 103, LR Gen 106, LR Gen 112, LR Gen 204, LR Gen 208, LR Gen 307, LR Gen 309, LR Gen 310, LR Gen 312, and LR Gen 313 Civil Rules: LR Cv 7.1, LR Cv 10, LR Cv 11, LR Cv 15, LR Cv 22, LR Cv 29, LR Cv 32, LR Cv 33, LR Cv 34, LR Cv 36, LR Cv 38, LR Cv 39.1, LR Cv 39.2, LR Cv 39.3, LR Cv 39.4, LR Cv 41, LR Cv 43, LR Cv 44, LR Cv 49, LR Cv 58, LR Cv 62, and LR Cv 65. Criminal Rules: LR Cr 10, LR Cr 10.1, LR Cr 12, LR Cr 20, LR Cr 23.1, LR Cr 26, LR Cr 28, LR Cr 32, LR Cr 32.1, LR Cr 44, LR Cr 46, LR Cr 46.1, LR Cr 47.1, and LR Cr 57.1

Copies of the proposed amendments may be reviewed and printed from the Court's website at www.rid.uscourts.gov. These amendments are also available for inspection at the Clerk's Office, United States District Court, One Exchange Terrace, Providence, RI 02903.

Any comments must be submitted, in writing, no later than November 15, 2019, via e-mail to [email protected] or by submission to the Clerk's Office. October 17, 2019 Hanorah Tyer-Witek Clerk of Court

http://www.rid.uscourts.gov/

Proposed Amendments to the Local Rules

LR Gen 103 COURTROOM PRACTICE EXHIBITS

(a) Addressing the Court. Counsel shall stand at the podium when addressing the Court and when examining and cross-examining witnesses unless the Court expressly excuses counsel from standing.

(b) Registering Objections. When registering an objection, counsel shall state the legal grounds for the objection (e.g., leading, hearsay, etc.) and/or the Rule of Evidence upon which counsel relies (e.g., 404(b)) but shall not argue or make any further comment unless requested by the Court.

(c) Witnesses.

(1) Scheduling. Counsel shall schedule witnesses in a manner that ensures that there will be no delays in trial.

(2) Examination. No witness may be examined by more than one attorney representing a party unless the Court otherwise permits.

(3) Attorneys as Witnesses. An attorney shall not testify in a trial or evidentiary hearing in a case in which that attorney participates as counsel, except to the extent allowed by the Standards of Professional Conduct set forth in LR Gen 208 and permitted by the Court.

(d) Exhibits.

(1) Custody. Unless otherwise ordered by the Court, the Clerk shall maintain custody of all exhibits marked for identification and/or admitted into evidence in any proceeding except for sensitive exhibits. Sensitive exhibits, including but not limited to, narcotics and other controlled substances, firearms, ammunition, explosive devices, jewelry, liquor, poisonous or dangerous chemicals, money or articles of high monetary value, counterfeit currency, and biological hazards shall be retained by the party offering the exhibit prior to, throughout, and after the trial or proceeding.

(2) Disposition. Unless otherwise ordered by the Court, within 30 days after the appeal is concluded or the time for appeal has expired, exhibits in the custody of the Clerk must be removed by the party that presented the exhibit. Exhibits not so removed will be destroyed or otherwise disposed of by the Clerk.


LR Gen 106 REFERRALS TO AND FROM OTHER DISTRICTS When a judge of another district is designated to hear a case or other matter because all of the judges in this District have recused themselves, or when a judge of this District is designated to preside over a case filed in another district, the following procedures shall apply:

(a) Jurisdiction and Rules. The originating court shall retain jurisdiction over the case, and the Local Rules of the originating court shall govern the case unless otherwise ordered by the judge who is presiding by designation. Any final judgment shall be entered by the originating court.

(b) Filing of Documents. Documents shall be filed with the clerk of the originating court.

(c) Trials and Other Proceedings. Conferences and hearings may be held in either district. Jury trials shall be held in the district where the case originates.


LR Gen 112 USE OF ELECTRONIC DEVICES (a) General Prohibition on Electronic Devices. Except as provided in subsection (c) of

this rule or expressly authorized by the Court, no person shall bring into the Courthouse or portion of the John O. Pastore Building occupied by the Court any electronic device capable of sending or receiving communications, making sound or video recordings, or making, recording or transmitting photographs or videos.

(b)(a) Photographing, Recording, and Broadcasting. Except to the extent expressly authorized by the Court, no person shall photograph, record, broadcast, or otherwise transmit any proceeding, event, or activity held in the Courthouse or portion of the John O. Pastore Building occupied by the Court. The Court may permit photographing, recording or broadcasting of ceremonial proceedings upon such terms and conditions as the Court may specify.

(c)(b) Exceptions. Electronic devices, including but not limited to cellular or smart phones, laptops, and tablets, may be brought into and used within the Courthouse or portion of the John O. Pastore Building occupied by the Court only by those individuals authorized pursuant to this subsection.

(1) Use of Electronic Devices by Attorneys. Unless the Court otherwise orders, attorneys may use electronic devices in the Courthouse and portion of the John O. Pastore Building occupied by the Court, including courtrooms and chambers, upon the following conditions:

(A) Use of electronic devices shall not be disruptive of Court proceedings;

(B) Use of electronic devices does not conflict with (b) (a) or any other provision of the Local Rules, Court order, or statute;

(C) Unauthorized use of electronic devices may result in the user being required to relinquish the device to the custody of the United States Marshal until released by a judicial officer and/or imposition of sanctions.

(2) Use of Electronic Devices by Media. Unless the Court otherwise orders, members of the media who have been authorized to bring and use electronic devices in the Courthouse and portion of the John O. Pastore Building occupied by the Court, may use those devices under the conditions set forth in (b) (a) and (c)(b)(1). The Clerk will maintain a list of individuals authorized pursuant to this subsection.


LR Gen 204 PRO HAC VICE COUNSEL

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(c) Limit on Number. Unless otherwise permitted by the Court for good cause shown, no more than 3 pro hac vice counsel may be admitted to represent any party in a case.

(d)(c) Procedure for Admission. An attorney seeking pro hac vice admission shall complete and file a motion provided by the Clerk, and pay the admission fee fixed by the Court. The admission fee will not be refunded if the motion for admission pro hac vice is denied.

A motion for admission pro hac vice shall be signed both by the applicant and by local counsel affiliated with the applicant.

(e)(d) Local Counsel.

(1) In order to be admitted and/or remain as pro hac vice counsel, an attorney shall be affiliated with local counsel who is a member of the Bar of this Court and who has entered an appearance as co-counsel.

(2) Local counsel shall:

(A) Sign and be responsible to the Court for the content of all pleadings, motions, and other documents filed or served in the case; and

(B) Attend all court proceedings in the case unless excused by the judge for good cause shown; and

(C) Be fully prepared to assume sole responsibility for the conduct of the case in the event that pro hac vice counsel does not appear when required, has his or her pro hac vice status revoked or is unable to continue as counsel for any reason.

(3) In addition to the required signature of local counsel, pro hac vice counsel may sign pleadings, motions, and other documents filed or served in the case. Pro hac vice counsel may file pleadings, motions, and other documents with the Court, but only if:

(A) the documents have the required signature of local counsel, and

(B) local counsel has given pro hac vice counsel permission to affix local counsel’s signature.

(4) In order to ensure that local counsel is able to properly perform his or her duties, pro hac vice counsel shall consult with, involve and fully inform local counsel with respect to all matters affecting the case.


(f)(e) Admission and Revocation.

(1) The district judge to whom a case has been assigned shall have discretion to grant or deny motions for admission pro hac vice based upon the applicant’s qualifications, character, past conduct and any other factors that bear on the applicant’s fitness to practice in this Court.

(2) Permission to appear pro hac vice may be revoked upon motion of a party or, sua sponte, by the district judge to whom the case is assigned if the judge determines that pro hac vice counsel has failed to satisfy any applicable requirement of these rules or that the proper administration of justice so requires.

(3) No formal hearing shall be required prior to revocation. However, before revoking pro hac vice status, the judge shall provide counsel with notice and an opportunity to explain why pro hac vice status should not be revoked to the extent that such opportunity can be afforded without disrupting or delaying the proceedings.

(4) The revocation of pro hac vice status shall not prevent the Court from taking any other disciplinary action against counsel pursuant to any applicable provision of these Local Rules.

(g)(f) Notification. Pro hac vice counsel shall promptly notify the Court of any change in counsel’s name, address, telephone number, fax number, e-mail address and/or law firm name from that shown on counsel’s application for pro hac vice admission.


LR Gen 208 STANDARDS OF PROFESSIONAL CONDUCT *****

(b) Prosecutors. Attorneys prosecuting criminal cases also shall adhere to the standards of conduct established by law for prosecutors.


LR Gen 307 DOCUMENT RETENTION REQUIREMENTS Documents that are electronically filed and require original signatures other than that of the Filing User must be maintained in paper form by the Filing User until two years after a final decision has been rendered which disposes of all aspects of the case.


LR Gen 309 SERVICE OF DOCUMENTS BY ELECTRONIC MEANS (a) Notice of Electronic Filing. Whenever a pleading or other document is filed electronically,

the ECF system will automatically generate and send a NEF to the Filing User and registered users of record. The user filing the document should retain a paper or digital copy of the NEF, which shall serve as the Court's date-stamp and proof of filing.

(b) NEF as Service. Transmission of the NEF shall constitute service of the filed document and shall be deemed to satisfy the requirements of Fed. R. Civ. P. 5(b)(2)(E), Fed. R. Civ. P. 77(d) and Fed. R. Crim. P. 49(b).

(c) Exemptions. Attorneys and pro se litigants who are not Filing Users must be conventionally served with any electronically filed documents in accordance with the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure.


LR Gen 310 NOTICE OF COURT ORDERS AND JUDGMENTS The electronic transmission to a Filing User of an order or judgment through a NEF constitutes notice as required by Fed. R. Civ. P. 77(d) and Fed. R. Crim. P. 49(c). When mailing paper copies of an electronically entered order to a party who is not a Filing User, the Clerk’s Office will include the NEF.


LR Gen 312 CORRECTING DOCKET ENTRIES Once a document is submitted and becomes part of the case docket, corrections to the docket are made only by the Clerk’s Office. The CM/ECF system will not permit a Filing User to make changes to the document(s) or docket entry filed in error once the transaction has been accepted. The Filing User must notify the Clerk’s Office immediately upon learning of an error in the electronic filing or docketing of a document.


LR Gen 313 PUBLIC ACCESS TO ELECTRONIC DOCKETS AND FILES (a) Public Access at Clerk’s Office. The public may obtain at the Clerk’s Office during

regular business hours electronic access to the electronic docket and documents that have been electronically filed. If a printed copy is requested, the Clerk may charge a fee consistent with the District Court Miscellaneous Fee Schedule pursuant to 28 U.S.C. §1914.

(b) Remote Electronic Access. The public may use a PACER login and password to obtain remote electronic access to the electronic docket and documents at the Court’s Internet site (www.rid.uscourts.gov). A user fee for accessing court information through PACER will be assessed in accordance with 28 U.S.C. §1914.

http://www.rid.uscourts.gov)./


LR Cv 7.1 ORDERS (a) Preparation By Clerk. Unless the Court otherwise directs, all orders shall be prepared by

the deputy clerk assigned to the judge issuing the order.

(b) By Counsel. If the Court so directs, an order shall be prepared, in writing, by counsel and shall be served and filed with the Clerk within 7 days. Any order prepared by counsel shall contain:

(1) the name and signature of counsel presenting the order;

(2) a certification that counsel presenting the order has served a copy of the proposed order on all other counsel and pro se parties; and

(3) a statement as to whether other counsel or pro se parties object to the form of the order, or alternatively, that counsel presenting the order has been unable to determine whether other counsel or pro se parties object, despite having made a good faith effort to do so.


LR Cv 10 FORM OF PLEADINGS See LR Cv 5 (Form and Filing of Documents).


LR Cv 11 SIGNING OF PLEADINGS AND REPRESENTATIONS BY ATTORNEYS See LR Gen 206 (Appearances and Withdrawals) and LR Gen 209 (basis for disciplinary action against attorneys practicing before the Court).


LR Cv 15 MOTIONS TO AMEND

Any motion to amend a pleading shall be made promptly after the party seeking to amend first learns the facts that form the basis for the proposed amendment. A motion to amend a pleading shall be filed in accordance with LR Cv 7, explain how the amended pleading differs from the original and why the amendment is necessary, and be accompanied by a complete and signed copy of the proposed amended pleading. If the motion to amend is granted, the Clerk shall file the proposed amended pleading.


LR Cv 22 INTERPLEADER FUNDS See LR Cv 67 (Deposit and Withdrawal of Funds).


LR Cv 29 STIPULATIONS (a) In General. All stipulations affecting a case before the Court, except stipulations which are

made in open court and recorded by the court reporter, shall be in writing, shall be signed by all parties affected, and shall be promptly filed. Stipulations that fail to satisfy these requirements will not be given effect unless necessary to prevent injustice.

(b) Stipulations Extending Time. No stipulation extending the time specified in the Federal Rules of Civil Procedure or these Local Rules for the performance of any act shall be effective unless approved by the Court, except that Court approval is not required for a stipulation extending for not more than a total of 30 days the time to answer or otherwise respond to a complaint.


LR Cv 32 USE OF DEPOSITIONS See LR Cv 39(b)(use of recorded testimony).


LR Cv 33 INTERROGATORIES

(a) Filing. Except in connection with motions to compel answers or more responsive answers, neither interrogatories nor answers or objections to interrogatories shall be filed with the Court.

(b) Form of Response. An answer or objection to an interrogatory shall recite the interrogatory and state the answer and/or ground(s) for objecting.

(c)(b) Objections. Each objection and the grounds therefor shall be stated separately under each individual request. When an objection is made to any interrogatory, or sub-part thereof, it shall state with specificity all grounds upon which the objecting party relies. Any ground not stated in an objection shall be deemed waived. The requirement that the grounds for objecting be stated with specificity under each individual request precludes the consideration of any generic general objections.


LR Cv 34 REQUESTS FOR PRODUCTION

(a) Filing. Except in connection with motions to compel production, neither requests for

production nor responses or objections thereto shall be filed with the Court.

(b) Form of Response.

(1) A response or objection to a request for production shall recite the request and describe what was produced in response and/or the ground(s) for objecting.

(2) When documents produced in response to a request for production exceed 50 pages, counsel for the party producing the documents shall affix Bates-stamped numbers to each page so that the documents produced can be readily identified and located.

(c)(b) Objections. Each objection and the grounds therefor shall be stated separately under each individual request. When an objection is made to any request, or sub-part thereof, it shall state with specificity all grounds upon which the objecting party relies. Any ground not stated in an objection shall be deemed waived. The requirement that the grounds for objecting be stated with specificity under each individual request precludes the consideration of any generic general objections.


LR Cv 36 REQUESTS FOR ADMISSION (a) Filing. Except in connection with motions to compel further responses, neither requests

for admissions nor responses or objections to requests for admissions shall be filed with the Court.

(b) Form of Response. A response or objection to a request for admission shall recite the request and state the response or objection to the request.

(c)(b) Objections. When an objection is made to any request, or sub-part thereof, it shall state with specificity under each individual request all grounds upon which the objecting party relies. Any ground not stated in an objection shall be deemed waived. The requirement that the grounds for objecting be stated with specificity under each individual request precludes the consideration of any generic general objections.


LR Cv 38 JURY DEMAND See LR Cv 5(a)(4) (demand for jury trial).


LR Cv 39.1 VIEWS (a) In General. A view may be conducted only with the prior approval of the Court. A

request to take a view shall be made by motion filed sufficiently in advance of trial to permit other parties to respond and to permit the Court to resolve any disputes regarding the request prior to trial.

(b) Conduct of View. The manner in which any view is conducted shall be determined by the trial judge. During a view, counsel shall not make any statements audible to the jury unless permitted by the trial judge.


LR Cv 39.2 CONTINUANCES A request to continue a trial or hearing will be granted only for good cause shown. Any request for continuance shall be made as soon as counsel learns, or in the exercise of due diligence should have learned, of the reason for the request and, except in emergencies, far enough in advance to permit the Court to reschedule the matter without creating any hardship on other parties or interfering with the efficient conduct of the Court’s business.


LR Cv 39.3 MOTIONS IN LIMINE A motion in limine shall be filed in accordance with the pretrial order or other order issued by the presiding judicial officer.


LR Cv 39.4 SETTLEMENT (a) General. When a case has been settled, counsel shall immediately notify the Court and,

unless otherwise permitted by the Court, shall file a dismissal stipulation or consent judgment within 14 days thereafter. In cases where a dismissal stipulation has not been filed or a consent judgment has not been filed and entered by the Court prior to the time of empanelment and/or trial, counsel shall appear for empanelment and/or trial, unless excused by the Court.

(b) Jury Costs. In cases that are settled later than 7 days before the date scheduled for empanelment of a jury, jury costs may be assessed equally against the parties and/or their counsel unless a party demonstrates to the Court’s satisfaction that:

(1) The costs should be borne entirely or primarily by one or more parties on the ground that the tardiness of the settlement was due to that party’s failure to make a good-faith effort to settle the case earlier; or

(2) No costs should be assessed because all parties made a reasonable good faith effort to settle the case earlier.

(c) Settlements on Behalf of Minors or Incompetents. *****


LR Cv 41 DISMISSALS FOR LACK OF PROSECUTION In cases where service of process is not made and proof of service is not filed within the time prescribed by law, tThe Court may issue an order to show cause at any time as to why the case should not be dismissed for lack of prosecution. If good cause is not shown within the time prescribed by the show cause order, the Court may dismiss the case.


LR Cv 43 INTERPRETERS See LR Gen 108 (regarding interpreter services in civil and criminal proceedings in this Court).


LR Cv 44 PROOF OF OFFICIAL OR CERTIFIED RECORDS A party that intends to offer into evidence an official record pursuant to Fed. R. Civ. P. 44, a public document pursuant to Fed. R Evid. 902(1)–(3), or a certified record pursuant to Fed. R. Evid. 902(4) or (11)–(12) may serve such record on the opposing party at least 21 days prior to trial, together with a request that the opposing party admit the authenticity of such document. The authenticity of such document shall be deemed admitted by the party served unless, within 14 days thereafter, that party serves and files an objection.


LR Cv 49 SPECIAL VERDICTS AND INTERROGATORIES Any request for a special verdict or for interrogatories to the jury shall be filed and served before the close of the evidence and shall include the proposed special verdict and/or interrogatories, together with citations to the authorities relied upon in making the request.


LR Cv 58 PREPARATION AND ENTRY OF JUDGMENTS (a) Preparation by Clerk. Unless the Court otherwise orders, the Clerk shall promptly prepare, enter and docket any judgment stated by a judge in open court and any other judgment which the Clerk is authorized to enter without order of the Court.

(b) Preparation by Counsel. If the Court so directs, any judgment orally announced in open court shall be prepared in writing by counsel for the successful party and served and filed with the Clerk within 7 days. A judgment prepared by counsel shall contain a certification that counsel presenting the judgment:

(1) has served a copy of the proposed judgment on the opposing party or that party’s counsel;

(2) has determined that the opposing party/counsel has no objection to the form of the judgment; or, alternatively, that counsel presenting the judgment has been unable to obtain a response from the opposing party/counsel despite having made a good faith effort to do so.


LR Cv 62 SUPERSEDEAS BOND Unless the Court otherwise orders, a supersedeas bond staying execution of a money judgment shall be in the amount of the judgment, plus an additional 10% of that amount to cover interest and any award for delay, plus an amount established by law or directed by the Court to cover costs.


LR Cv 65 INJUNCTIONS See LR Cv 9 (designating requests for special action on pleadings).


LR Cr 10 TRIAL DATE At arraignment the judicial officer conducting the arraignment shall set a date on or after which the case shall be considered ready for trial.


LR Cr 10.1 POST-ARRAIGNMENT MEETING Within 7 days after arraignment, counsel shall confer in an effort to reach an agreement regarding discovery and any other matters that may be the subject of any motion that counsel intends to file.


LR Cr 12 PRETRIAL MOTIONS *****

(b) Motions To Suppress. Motions to suppress evidence shall specify the precise evidence

sought to be excluded and the legal basis and/or other grounds on which exclusion is sought.

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LR Cr 20 TRANSFER OF CRIMINAL PROCEEDINGS (a) Assignment of Transferred Cases. Where criminal proceedings have been transferred from

another district to this District for plea and sentencing proceedings pursuant to Fed. R. Crim. P. 20, the Clerk’s Office shall open a new case file and assign a new docket number to the transferred case.

(b) Related or Similar Cases. In the event that cases related to a transferred case are pending in this District, the transferred case shall be provisionally assigned to the district judge to whom the related case is assigned, and that judge shall determine whether to retain the transferred case or return it to the Clerk’s Office for random assignment.


LR Cr 23.1 VIEWS

(a) In General. A view may be conducted only with the prior approval of the Court. A request to take a view shall be made by motion filed sufficiently in advance of trial to permit other parties to respond and to permit the Court to resolve any disputes regarding the request prior to trial.

(b) Conduct of View. The manner in which any view is conducted shall be determined by the trial judge. During a view, counsel shall not make any statements audible to the jury unless permitted by the trial judge.


LR Cr 26 MOTIONS IN LIMINE

A motion in limine shall be filed in accordance with the pretrial order or other order issued by the presiding judicial officer.


LR Cr 28 INTERPRETER SERVICES

See LR Gen 108 (regarding interpreter services in civil and criminal proceedings in this Court).


LR Cr 32 SENTENCING AND PRESENTENCE REPORTS *****

(b) Presentence Investigative Report.

(1) Receipt of the Report. For purposes of Rule 32(f) of the Federal Rules of Criminal Procedure, the presentence report shall be deemed to have been received by the parties at the earlier of:

(A) when a copy of the report is physically delivered to such party or counsel representing such party,

(B) one day after the report’s availability has otherwise been made known to a party or counsel, or

(C) 3 days after a copy of the report or notice of its availability is mailed to such party or counsel representing such party.

(2)(1) Confidentiality of Presentence Reports.

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LR Cr 32.1 REVOKING OR MODIFYING SUPERVISED RELEASE (a) Proceedings before a Magistrate Judge. Upon referral from a district judge, a magistrate

judge may hear petitions for the revocation or modification of probation or supervised release and issue a report and recommendation containing proposed findings of fact and a recommended disposition. Any objection to the magistrate judge’s report and recommendation, and any response to an objection, shall be filed with the Clerk in accordance with LR Cr 57.2.

(b) Modification of Supervised Release / Waiver of Hearing. A defendant may waive a hearing on the modification or revocation of his supervised release by executing a proper waiver form.


LR Cr 44 PROCEEDINGS INVOLVING AN INDIGENT DEFENDANT (a) Appointment of Counsel by the Court.

(1) If, based on a financial affidavit of a defendant, the Court determines that the defendant is financially unable to retain private counsel, the Court shall appoint the Federal Defender or an attorney on the Court’s Criminal Justice Act Panel (CJA Attorney) to represent that defendant.

(2) If the Federal Defender is unable to represent the defendant due to a conflict of interest or for any other reason, the Federal Defender shall request that a CJA Attorney be appointed to represent the defendant.

(3) If the Court determines that a defendant has some assets from which to pay attorneys’ fees, the Court may, at any time, order the defendant to pay all or any portion of any attorneys’ fees incurred.

(b) CJA Attorneys—Fees and Expenses. An attorney appointed to represent an indigent defendant under the Criminal Justice Act shall complete and file a voucher for fees and expenses promptly after completing the services rendered and no later than 45 days after disposition of the case.

(c) Continuing Duty of Representation. Immediately after sentencing, counsel shall:

(1) inform the defendant of any right that the defendant may have to appeal his conviction and/or sentence; and

(2) consult with the defendant to determine whether the defendant desires to appeal; and, if so, take whatever steps may be necessary to file a notice of appeal and protect any appellate rights that the defendant may have unless and until other appellate counsel is appointed by the Court of Appeals.


LR Cr 46 SECURITY AND SURETIES

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(g) Return of Bond. No item surrendered as a condition of bail shall be returned, nor shall any obligation of surety be discharged, except upon written order of the Court.


LR Cr 46.1 RETURN OF BOND No item surrendered as a condition of bail shall be returned, nor shall any obligation of surety be discharged, except upon written order of the Court.


LR Cr 47.1 ORDERS (a) Preparation By Clerk. Unless the Court otherwise directs, all orders shall be prepared by

the deputy clerk assigned to the judge issuing the order.

(b) Preparation by Counsel. If the Court so directs, an order shall be prepared, in writing, by counsel and shall be served and filed with the Clerk within 7 days. Any order prepared by counsel shall contain:

(1) the name and signature of counsel presenting the order;

(2) a certification that counsel presenting the order has served a copy of the proposed order on all other counsel and pro se parties; and

(3) a statement as to whether other counsel or pro se parties object to the form of the order, or alternatively, that counsel presenting the order has been unable to determine whether other counsel or pro se parties object, despite having made a good faith effort to do so.


LR Cr 57.1 APPLICATIONS FOR POST-CONVICTION RELIEF (a) Form. Any pro se petition* for post-conviction relief filed pursuant to 28 U.S.C. § 2254 or

28 U.S.C. § 2255 shall be on a form provided by the Clerk’s Office. The Clerk shall make the form available upon request and without charge.

(b) Assignment. Petitions for relief pursuant to 28 U.S.C. § 2255 shall be assigned to the district judge who sentenced the petitioner. If that district judge is unavailable to review the petition, the petition shall be randomly assigned to another district judge. Petitions for relief pursuant to 28 U.S.C. § 2254 shall be randomly assigned.

(c) Ineffective Assistance of Counsel Claims. If a petitioner makes a claim of ineffective assistance of counsel based on counsel’s failure to file a direct appeal, the petitioner shall append to his petition a sworn statement regarding the discussions the petitioner had with counsel regarding an appeal, specifically stating:

(1) whether counsel asked whether the petitioner wished to appeal; and

(2) whether petitioner ever told counsel that he wished to appeal.

UNITED STATES DISTRICT COURT District of Rhode Island · 2019-10-17 · Cv 33, LR Cv 34, LR Cv 36,...

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Transcript of UNITED STATES DISTRICT COURT District of Rhode Island · 2019-10-17 · Cv 33, LR Cv 34, LR Cv 36,...